Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (3)
- Legal History (3)
- Legislation (3)
- American Politics (2)
- Civil Law (2)
-
- Civil Procedure (2)
- Civil Rights and Discrimination (2)
- Constitutional Law (2)
- Courts (2)
- Human Rights Law (2)
- Judges (2)
- Law and Politics (2)
- Policy Design, Analysis, and Evaluation (2)
- Political Science (2)
- Public Affairs, Public Policy and Public Administration (2)
- Social and Behavioral Sciences (2)
- Contracts (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Dispute Resolution and Arbitration (1)
- Family Law (1)
- First Amendment (1)
- Health Law and Policy (1)
- Internet Law (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Juvenile Law (1)
- Law and Gender (1)
- Institution
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Public Law and Legal Theory
Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang
Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang
Sean Farhang
In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for …
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit
Hezi Margalit
The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of today’s …
Lobbying And The Petition Clause, Maggie Blackhawk
Lobbying And The Petition Clause, Maggie Blackhawk
All Faculty Scholarship
Contrary to popular opinion, the Supreme Court has not yet resolved whether lobbying is constitutionally protected. Belying this fact, courts, Congress, and scholars mistakenly assume that lobbying is protected under the Petition Clause. Because scholars have shared the mistaken assumption that the Petition Clause protects the practice of “lobbying”, no research to date has looked closely at the Petition Clause doctrine and the history of petitioning in relation to lobbying. In a recent opinion addressing petitioning in another context, the Supreme Court unearthed the long history behind the right to petition and argued for the importance of this history for …